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MORALES-IZQUIERDO v. ASHCROFT

No. 03-70674.

388 F.3d 1299 (2004)

Raul MORALES-IZQUIERDO, Petitioner, v. John ASHCROFT, Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed November 18, 2004.

Attorney(s) appearing for the Case

Robert Pauw, Gibbs Houston Pauw, Seattle, WA, for the petitioner.

Issac R. Campbell (briefs) and Song E. Park (argued), U.S. Department of Justice, Washington, DC, for the respondent.

Trina A. Realmuto, Nadine K. Wettstein, American Immigration Law Foundation, Washington, DC, Charles Roth, Midwest Immigrant & Human Rights Center, Chicago, IL, for the amici curiae.

Before; D.W. NELSON, REINHARDT, and THOMAS, Circuit Judges.

THOMAS, Circuit Judge.

This case presents the question, inter alia, of whether the reinstatement procedures established by the Attorney General at 8 C.F.R. § 241.8 violate the Immigration and Nationality Act ("INA"). We conclude that the reinstatement procedures violate the INA and grant the petition for review.

I

Raul Morales-Izquierdo is a citizen and native of Mexico who illegally entered the United States in 1990. Four years later...

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